(LRC Revised)

Number 29 of 2007

CRIMINAL JUSTICE ACT 2007

REVISED

Updated to 2 April 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Criminal Justice Act 2007

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Merchant Shipping (Investigation of Marine Accidents) Act 2025

(2/2025), enacted 14 April 2025, and all statutory

instruments up to and including the

Policing, Security and Community Safety Act 2024 (Commencement) Order 2025

(S.I. No. 107 of 2025), made 2 April 2025, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

29

of

2007

CRIMINAL JUSTICE ACT 2007

REVISED

Updated to 2 April 2025

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations, construction and commencement.

2. Definitions.

3. Repeals.

4. Expenses.

PART 2

Amendment of Enactments Relating to Bail

5. Amendment of section 1 of Act of 1997.

6. Statement by applicants for bail charged with serious offences.

7. Evidence in applications for bail under section 2.

8. Amendment of section 5 of Act of 1997.

9. Amendment of section 6 of Act of 1997.

10. Application of section 6 in relation to certain appellants.

11. Electronic monitoring of certain persons admitted to bail.

12. Evidence of electronic monitoring.

13. Arrangements for electronic monitoring.

14. Amendment of section 8 of Act of 1997.

15. Estreatment of recognisance and forfeiture of moneys paid into court.

16. Regulations.

17. Amendment of Schedule to Act of 1997.

18. Amendment of section 22 of Act of 1967.

19. Amendment of section 28 of Act of 1967.

20. Amendment of section 31 of Act of 1967.

21. Amendment of section 68 of Children Act 2001.

22. Amendment of section 11 of Act of 1984.

23. Amendment of section 13 of Act of 1984.

PART 3

Sentencing

24. Interpretation (

Part 3

).

25. Commission of another offence within specified period.

26. Monitoring orders and protection of persons orders.

26A. Post-release orders in cases of certain offences.

27. Amendment of Criminal Justice (Legal Aid) Act 1962.

PART 4

Inferences to be Drawn in Certain Circumstances

28. Inferences from failure or refusal to account for objects, marks, etc.

29. Inferences from failure or refusal to account for accused's presence at a particular

place.

30. Inferences from failure of accused to mention particular facts.

31. Amendment of section 2 of Offences Against the State (Amendment) Act 1998.

32. Regulations.

PART 5

Misuse of Drugs

33. Amendment of section 27 of Misuse of Drugs Act 1977.

PART 6

Amendment of Firearms Acts 1925 to 2006

34. Amendment of section 2 of Act of 1925.

35. Amendment of section 15 of Act of 1925.

36. Amendment of section 26 of Act of 1964.

37. Amendment of section 27 of Act of 1964.

38. Amendment of section 27A of Act of 1964.

39. Amendment of section 27B of Act of 1964.

40. Amendment of section 12A of Act of 1990.

PART 7

Amendment of Garda Síochána Act 2005

41.

Establishment and functions of Garda Síochána Executive Management

Board.

(Repealed)

42. Special inquiries relating to Garda Síochána.

43. Other amendments to Act of 2005.

PART 8

Amendments to the Sea-Fisheries Acts 2003 and 2006

44. Amendments to Sea-Fisheries Acts 2003 and 2006.

PART 9

Miscellaneous

45. Amendment of Garda Síochána (Complaints) Act 1986.

46. Amendment of Act of 2006.

47. Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.

48. Amendment of Act of 1984.

49. Destruction of records.

50. Powers of detention for specified offences.

51. Rearrest.

52. Application of certain provisions of Act of 1984.

53. Amendment of Criminal Justice (Forensic Evidence) Act 1990.

54. Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.

55. Amendment of section 9 of Act of 1984.

56. Copy of recording of questioning by Garda Síochána to be given to accused.

57. Admission in evidence of recording of questioning of accused by Garda Síochána.

58. Amendment of section 8 of Criminal Assets Bureau Act 1996.

59. Amendment of section 29 of Courts of Justice Act 1924.

60. Amendment of section 99 of Act of 2006.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Offences for the purposes of Part 3

Acts Referred to

Bail Act 1997

1997, No. 16

Children Act 2001

2001, No. 24

Criminal Assets Bureau Act 1996

1996, No. 31

Continental Shelf Act 1968

1968, No. 14

Criminal Justice Act 1951

1951, No. 2

Criminal Justice Act 1960

1960, No. 27

Criminal Justice Act 1984

1984, No. 22

Criminal Justice Act 1990

1990, No. 16

Criminal Justice Act 1993

1993, No. 6

Criminal Justice Act 1994

1994, No. 15

Criminal Justice Act 2006

2006, No. 26

Criminal Justice (Drug Trafficking) Act 1996

1996, No. 29

Criminal Justice (Forensic Evidence) Act 1990

1990, No. 34

Criminal Justice (Legal Aid) Act 1962

1962, No. 12

Criminal Justice (Public Order) Act 1994

1994, No. 2

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 50

Criminal Law (Jurisdiction) Act 1976

1976, No. 14

Criminal Law Act 1997

1997, No. 14

Criminal Procedure Act 1967

1967, No. 12

European Parliament Elections Act 1997

1997, No. 2

Explosive Substances Act 1883

46 & 47 Vic., c. 3

Explosives Act 1875

38 & 39 Vic., c. 17

Firearms (Firearm Certificates for Non-Residents) Act 2000

2000, No. 20

Firearms Act 1925

1925, No. 17

Firearms Act 1964

1964, No. 1

Firearms Acts 1925 to 2006

Firearms and Offensive Weapons Act 1990

1990, No. 12

Garda Síochána (Complaints) Act 1986

1986, No. 29

Garda Síochána Act 2005

2005, No. 20

Misuse of Drugs Act 1977

1977, No. 12

Misuse of Drugs Acts 1977 to 2006

National Cultural Institutions Act 1997

1997, No. 11

Non-Fatal Offences against the Person Act 1997

1997, No. 26

Offences Against the State (Amendment) Act 1998

1998, No. 39

Offences Against the State Act 1939

1939, No. 13

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 30

Prisons Act 1970

1970, No. 11

Prisons Act 1972

1972, No. 7

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Sea-Fisheries Acts 2003 and 2006

Sea-Fisheries and Maritime Jurisdiction Act 2006

2006, No. 8

The Courts of Justice Act 1924

1924, No. 10

Number

29

of

2007

CRIMINAL JUSTICE ACT 2007

REVISED

Updated to 2 April 2025

AN ACT TO AMEND CERTAIN ENACTMENTS, INCLUDING THE BAIL ACT 1997, THE CRIMINAL JUSTICE

ACT 1984, THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962, THE OFFENCES AGAINST THE STATE

(AMENDMENT) ACT 1998, THE MISUSE OF DRUGS ACT 1977, THE FIREARMS ACTS 1925 TO 2006,

THE GARDA SÍOCHÁNA ACT 2005, THE CRIMINAL JUSTICE ACT 2006, THE CRIMINAL ASSETS BUREAU ACT 1996 AND

THE SEA-FISHERIES ACTS 2003 AND 2006, TO AMEND THE LAW IN RELATION TO SENTENCING IN

CERTAIN RESPECTS, TO MAKE PROVISION IN RELATION TO THE ADMINISTRATION OF CAUTIONS

BY MEMBERS OF THE GARDA SÍOCHÁNA TO PERSONS IN RELATION TO OFFENCES, TO PROVIDE FOR ADDITIONAL POWERS OF DETENTION

BY THE GARDA SÍOCHÁNA OF PERSONS SUSPECTED OF CERTAIN OFFENCES FOLLOWING ARREST OR REARREST OF SUCH PERSONS

IN CONNECTION WITH THE INVESTIGATION OF SUCH OFFENCES, AND TO PROVIDE FOR RELATED

MATTERS.

[9

th May

, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

References to “Department of Justice and Law Reform” and “Minister for Justice and Law Reform” construed (2.04.2011) by

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or

instrument made under an enactment—

(

a

) references to

the Department of Justice and Law Reform shall be construed as references to the

Department of Justice and Equality;

(

b

) references to

the Minister for Justice and Law Reform shall be construed as references to the

Minister for Justice and Equality.

Editorial Notes

E1

Previous affecting provision: references to “Department of

Justice, Equality and Law Reform” and “Minister for Justice, Equality

and Law Reform” construed (2.06.2010) by

Justice, Equality and Law Reform

(Alteration of Name of Department and Title of Minister) Order 2010

(S.I.

No. 216 of 2010), in effect as per art. 1(2); superseded as per C-note above.

Annotations

Modifications (not altering text)

C1

References to “Department of Justice and Law Reform” and “Minister for Justice and Law Reform” construed (2.04.2011) by

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or

instrument made under an enactment—

(

a

) references to

the Department of Justice and Law Reform shall be construed as references to the

Department of Justice and Equality;

(

b

) references to

the Minister for Justice and Law Reform shall be construed as references to the

Minister for Justice and Equality.

Editorial Notes

E1

Previous affecting provision: references to “Department of

Justice, Equality and Law Reform” and “Minister for Justice, Equality

and Law Reform” construed (2.06.2010) by

Justice, Equality and Law Reform

(Alteration of Name of Department and Title of Minister) Order 2010

(S.I.

No. 216 of 2010), in effect as per art. 1(2); superseded as per C-note above.

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations, construction and commencement.

2. Definitions.

3. Repeals.

4. Expenses.

PART 2

Amendment of Enactments Relating to Bail

5. Amendment of section 1 of Act of 1997.

6. Statement by applicants for bail charged with serious offences.

7. Evidence in applications for bail under section 2.

8. Amendment of section 5 of Act of 1997.

9. Amendment of section 6 of Act of 1997.

10. Application of section 6 in relation to certain appellants.

11. Electronic monitoring of certain persons admitted to bail.

12. Evidence of electronic monitoring.

13. Arrangements for electronic monitoring.

14. Amendment of section 8 of Act of 1997.

15. Estreatment of recognisance and forfeiture of moneys paid into court.

16. Regulations.

17. Amendment of Schedule to Act of 1997.

18. Amendment of section 22 of Act of 1967.

19. Amendment of section 28 of Act of 1967.

20. Amendment of section 31 of Act of 1967.

21. Amendment of section 68 of Children Act 2001.

22. Amendment of section 11 of Act of 1984.

23. Amendment of section 13 of Act of 1984.

PART 3

Sentencing

24. Interpretation (

Part 3

).

25. Commission of another offence within specified period.

26. Monitoring orders and protection of persons orders.

26A. Post-release orders in cases of certain offences.

27. Amendment of Criminal Justice (Legal Aid) Act 1962.

PART 4

Inferences to be Drawn in Certain Circumstances

28. Inferences from failure or refusal to account for objects, marks, etc.

29. Inferences from failure or refusal to account for accused's presence at a particular

place.

30. Inferences from failure of accused to mention particular facts.

31. Amendment of section 2 of Offences Against the State (Amendment) Act 1998.

32. Regulations.

PART 5

Misuse of Drugs

33. Amendment of section 27 of Misuse of Drugs Act 1977.

PART 6

Amendment of Firearms Acts 1925 to 2006

34. Amendment of section 2 of Act of 1925.

35. Amendment of section 15 of Act of 1925.

36. Amendment of section 26 of Act of 1964.

37. Amendment of section 27 of Act of 1964.

38. Amendment of section 27A of Act of 1964.

39. Amendment of section 27B of Act of 1964.

40. Amendment of section 12A of Act of 1990.

PART 7

Amendment of Garda Síochána Act 2005

41.

Establishment and functions of Garda Síochána Executive Management

Board.

(Repealed)

42. Special inquiries relating to Garda Síochána.

43. Other amendments to Act of 2005.

PART 8

Amendments to the Sea-Fisheries Acts 2003 and 2006

44. Amendments to Sea-Fisheries Acts 2003 and 2006.

PART 9

Miscellaneous

45. Amendment of Garda Síochána (Complaints) Act 1986.

46. Amendment of Act of 2006.

47. Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.

48. Amendment of Act of 1984.

49. Destruction of records.

50. Powers of detention for specified offences.

51. Rearrest.

52. Application of certain provisions of Act of 1984.

53. Amendment of Criminal Justice (Forensic Evidence) Act 1990.

54. Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.

55. Amendment of section 9 of Act of 1984.

56. Copy of recording of questioning by Garda Síochána to be given to accused.

57. Admission in evidence of recording of questioning of accused by Garda Síochána.

58. Amendment of section 8 of Criminal Assets Bureau Act 1996.

59. Amendment of section 29 of Courts of Justice Act 1924.

60. Amendment of section 99 of Act of 2006.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Offences for the purposes of Part 3